Mealey's Patents
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November 01, 2019
Database Management Patent Not Obvious, Appellant Tells Panel
WASHINGTON, D.C. — A patent owner on Oct. 25 told the Federal Circuit U.S. Court of Appeals that the Patent Trial and Appeal Board in three final written decisions improperly read a limitation out of challenged claims of a database management patent (Sound View Innovations LLC v. Hulu LLC, et al., Nos. 19-1865, -1866, -1867, Fed. Cir.).
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October 31, 2019
Patent Board Cancels All Challenged Claims Of LED Patent
ALEXANDRIA, Va. — In a win for inter partes review (IPR) petitioner Nichia Corp., the Patent Trial and Appeal Board on Oct. 30 declared all 17 challenged claims of a light emitting device patent both anticipated and obvious (Nichia Corporation v. Document Security Systems Inc., No. IPR2018-00966, PTAB).
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October 31, 2019
Patent Owner: Google Inter Partes Review Request Should Be Rejected
ALEXANDRIA, Va. — In an Oct. 30 preliminary response, a patent owner tells the Patent Trial and Appeal Board that it should use its discretionary authority to deny a Google LLC petition for inter partes review (IPR) that relies largely on prior art analogous to that already considered and rejected by the U.S. Patent and Trademark Office (Google LLC v. Virentem Ventures LLC, No. IPR2019-01244, PTAB).
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October 30, 2019
Panel Says Board Erred In Analysis Of Objective Indicia Of Nonobviousness
WASHINGTON, D.C. — The Patent Trial and Appeal Board erred in concluding that L’Oreal USA Inc.’s copying of a competitor’s patented hair strengthening method was legally irrelevant, according to a ruling originally issued Oct. 17 and unsealed Oct. 30 by the Federal Circuit U.S. Court of Appeals (Liqwd Inc. v. L’Oreal USA Inc., No. 18-2152, Fed. Cir.).
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October 30, 2019
Board’s Failure To Institute Review On Certain Claims, Grounds Leads To Remand
WASHINGTON, D.C. — In an Oct. 29 ruling, a divided Federal Circuit U.S. Court of Appeals held that although the Patent Trial and Appeal Board correctly construed a disputed “wherein” clause in one claim of a patented fluid sample collection device, the board’s failure to institute inter partes review (IPR) on all challenged claims and grounds was error (Alere Inc. v. Rembrandt Diagnostics LP, No. 18-1812, Fed. Cir.).
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October 29, 2019
In Texas, Wells Fargo Challenge To Patent Eligibility Fails
MARSHALL, Texas — A motion by Wells Fargo Bank N.A. for summary judgment of patent ineligibility was denied Oct. 28 by a federal judge in Texas, who instead found that the digital capture technology at issue does not run afoul of Section 101 of the Patent Act (United Services Automobile Association v. Wells Fargo Bank N.A., No. 18-245, E.D. Texas, 2019 U.S. Dist. LEXIS 186441).
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October 29, 2019
In Texas, Wells Fargo Challenge To Patent Eligibility Fails
MARSHALL, Texas — A motion by Wells Fargo Bank N.A. for summary judgment of patent ineligibility was denied Oct. 28 by a federal judge in Texas, who instead found that the digital capture technology at issue does not run afoul of Section 101 of the Patent Act (United Services Automobile Association v. Wells Fargo Bank N.A., No. 18-245, E.D. Texas, 2019 U.S. Dist. LEXIS 186441).
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October 28, 2019
In New Jersey, Patent Defendants’ Bid For Attorney Fees Denied
TRENTON, N.J. — Efforts by several generic drug makers to recoup the attorney fees they incurred in successfully defending allegations of patent infringement failed Oct. 25, when a federal judge in New Jersey declined to find the case exceptional, in what she deemed a “close call” (Reckitt Benckiser LLC v. Amneal Pharmaceuticals LLC, et al., No. 15-2155, D. N.J., 2019 U.S. Dist. LEXIS 184628).
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October 28, 2019
In Rhode Island Patent Dispute, Leave To Amend Denied
PROVIDENCE, R.I. — Efforts by the maker of an accused bathtub for newborns to add a claim of bad faith assertion of patent infringement in view of a recently enacted state law were denied Oct. 25 by a Rhode Island federal magistrate judge (Summer Infant USA Inc. v. TOMY International Inc., No. 17-549, D. R.I., 2019 U.S. Dist. LEXIS 184765).
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October 28, 2019
Merck Disputes Patent Board Findings In Federal Circuit Appeal
WASHINGTON, D.C. — In an Oct. 24 appellant brief, Merck, Sharp & Dohme Corp. maintains that the Patent Trial and Appeal Board erred in confirming as patentable various claims of three patents relating to an implantable medical device (Merck, Sharp & Dohme Corp. v. Microspherix LLC, Nos. 19-2197, -2200, -2208, Fed. Cir.).
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October 25, 2019
Boston Scientific Fires Back At Petitioner For Inter Partes Review
ALEXANDRIA, Va. — In an Oct. 24 brief filed with the Patent Trial and Appeal Board, Boston Scientific Neuromodulation Corp. defends as “novel” its patented implantable medical device for alerting patients to the need to recharge a battery (Nevro Corp. v. Boston Scientific Neuromodulation Corp., No. IPR2019-01216, PTAB).
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October 24, 2019
Cisco, Apple Defend Federal Circuit’s 1-Word Affirmance Of Patent Ruling,
WASHINGTON, D.C. — In briefs filed Oct. 17 and 18, respectively, Cisco Systems Inc. and Apple Inc. encourage the U.S. Supreme Court to deny a patentee’s petition for certiorari, arguing that a one-word summary ruling in their favor by the Federal Circuit U.S. Court of Appeals is supported by federal law and did not violate the patent holder’s rights under the Fifth Amendment to the U.S. Constitution (SPIP Litigation Group LLC v. Apple Inc., No. 19-253, U.S. Sup.).
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October 24, 2019
Ford Petitions Board For Review Of Cruise Control Patent
ALEXANDRIA, Va. — In an Oct. 23 petition for inter partes review, Ford Motor Co. tells the Patent Trial and Appeal Board that various claims of a patented, speed-reducing, object-detecting adaptive cruise control (ACC) system would have been obvious to a person of skill in the art (Ford Motor Company v. Carrum Technologies LLC, No. IPR2020-00057, PTAB).
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October 24, 2019
Panel Upholds Board Conclusions In Patent Interference Proceeding
WASHINGTON, D.C. — A finding by the Patent Trial and Appeal Board that various claims of a patented method of using gas-permeable devices to culture animal cells was anticipated by prior art was affirmed Oct. 21 by the Federal Circuit U.S. Court of Appeals (John R. Wilson v. Gregory Roger Martin, et al., No. 18-1980, Fed. Cir., 2019 U.S. App. LEXIS 31188).
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October 24, 2019
Federal Circuit Upholds Patent Board In Blow To Google
WASHINGTON, D.C. — A final written decision by the Patent Trial and Appeal Board that confirmed as patentable nine claims of a signal splitting patent was affirmed Oct. 23 by the Federal Circuit U.S. Court of Appeals (Google Inc. v. Koninklijke Philips N.V., No. 18-2213, Fed. Cir.).
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October 22, 2019
Gaming Kiosk Patent Owner Tells Board Invention Is Novel
ALEXANDRIA, Va. — A prior art reference relied upon by a petitioner for inter partes review (IPR) of a gaming kiosk patent fails to disclose or teach the claimed system, the patent owner told the Patent Trial and Appeal Board on Oct. 21 (William Hill US Holdco Inc. v. CG Technology Development LLC, No. IPR2019-00320, PTAB).
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October 21, 2019
Supreme Court Denies Lilly Certiorari Bid In Cialis Patent Row
WASHINGTON, D.C. — In its Oct. 21 orders list, the U.S. Supreme Court announced that it will not review an October 2018 summary affirmance by the Federal Circuit U.S. Court of Appeals that a German company’s prostatic disease treatment patent is valid and infringed by Eli Lilly and Co. (Eli Lilly and Co. v. Erfindergemeinschaft UroPep GbR, No. 18-1515, U.S. Sup.).
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October 21, 2019
Patent Applications Correctly Rejected, Federal Circuit Rules
WASHINGTON, D.C. — Three decisions of the Patent Trial and Appeal Board that rejected various claims of reissue applications by General Electric Co. were affirmed Oct. 18 by the Federal Circuit U.S. Court of Appeals (In re: General Electric Company, Nos. 2019-1112, -1113, -1115, Fed. Cir., 2019 U.S. App. LEXIS 31036).
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October 17, 2019
Patent Petitioner To Panel: Claim Construction By Board Was Error
WASHINGTON, D.C. — In an Oct. 15 appellant brief filed with the Federal Circuit U.S. Court of Appeals, an inter partes review (IPR) petitioner argues that a finding by the Patent Trial and Appeal Board that a valve assembly patent is not anticipated by prior art should be reversed or vacated (Power-Packer North America Inc. v. G.W. Lisk Company Inc., Nos. 2019-1902, -1965, Fed. Cir.).
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October 17, 2019
Apple Seeks Rehearing Of Decision Denying Inter Partes Review
ALEXANDRIA, Va. — A September 2019 divided decision by the Patent Trial and Appeal Board that turned away an Apple Inc. petition for inter partes review (IPR) of a patented beacon for transmitting Bluetooth messages should be reheard, the software giant maintains in an Oct. 16 filing with the board (Apple Inc. v. Uniloc 2017 LLC, No. IPR2019-00753, PTAB).